2005 (1) TMI 127

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.... has been filed after a delay of 169 days for which hardly any cogent reason has been stated in the application. Be that as it may, we would allow the said application and consider the merits of the appeal. 2. C.M. is, accordingly, disposed of. 3. This is an appeal under Section 35H(1) of the Central Excise Act, 1944 (hereinafter referred to as the Act) is directed against the order passed b....

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....f non-receipt of goods by the Appellants has not been established beyond doubt in view of the fact that Prerna Metal Industries had bought material from Delhi Aluminium Corporation which was substantial in nature. Once the Revenue is not disputing the receipt of goods under the cover of invoices by the appellants which contained duty paying particulars the Modvat credit cannot be denied to the app....

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.... any misconstruction on their part. We also do not find any substance in the submission of the learned S.D.R. that larger period of limitation will be invokable irrespective of the fact that fraud has not been committed by the appellants. It is evident from the impugned Order that the appellants have not committed any fraud, suppression, or wilful misstatement as the Commissioner has given specifi....

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....d on behalf of the Appellant before us now is that the mere receipt of goods per say would not amount to admission of a fact that documents were produced and the Assessee was entitled to the benefit granted to them under the said impugned order. The plea of the Department was that M/s. Prerna Metal Industries had taken the Modvat credit on the basis of fake and bogus invoice. This plea of the Depa....